Decision-Special Permit
TOWN OF DARTMOUTH
Office of the Zoning Board of Appeals
400 Slocum Road, Dartmouth, MA 02747
(508) 910-1868
Board Members
Halim Choubah, P.E., Chairman
Michael Medeiros, Esq., Clerk
Robert Gardner, Jr., Member
DECISION
APPROVAL OF SPECIAL PERMIT
HEARING DATE: October 8, 2019
CASE: SPECIAL PERMIT
CASE NO: 2019-14
PETITIONER/APPLICANT: Stephen and Paula Phillips
PROPERTY OWNER: Stephen and Paula Phillips
SUBJECT PROPERTY: 374 Barneys Joy Road
DISTRICT: Single Residence B
Map: 9 Lot: 32-4
BRISTOL COUNTY
REGISTRY OF DEEDS: Book: 12002 Page: 156
PRESENT: The Board: Chairman Halim Choubah, Clerk Michael Medeiros, Esq., Robert Gardner Jr.
Zoning Staff Assistant/Principal Clerk: Michelle Vieira
BOARD MEMBER (s) ABSENT: Dr. Rahim Aghai, Alvin Youman and Dr. Ralph Pollack
The Petitioner was seeking a Special Permit to install bathroom facilities in a 1008 sq.ft. accessory building to be used for a yoga and painting studio. (Article 8, Section 375-8.3
(B) Accessory Building with Utilities)
DECISION
It was the unanimous decision of the Board of Appeals to GRANT the requested Special Permit to allow the Petitioner to install bathroom facilities in a 1008 sq.ft. accessory building
to be used for a yoga and painting studio.
The Board made findings:
Locus property located at 374 Barneys Joy Road is identified on Map 9 Lot 32 and is located in the Single Residence B District.
Steven and Paula Phillips have owned the property since August 2010.
The subject property is served by a private well and a private sanitary sewer system.
The Petitioner is seeking a Special Permit pursuant to Article 375-8.3 B “Accessory Building with Utilities” of the Dartmouth Zoning By-Laws to install plumbing fixtures in an accessory
1,008 sq. ft. studio structure.
The proposed 1,008 sq. ft. accessory structure is currently under construction and will be used as a yoga and art studio and will contain a sink, toilet and a shower as shown on the
submitted plans.
The Zoning Board of Appeals determined through a review of the submitted building plans that the nature of the proposed plumbing, wiring and floor layout is not proposed in a manner
so that the accessory structure could be used or converted into an additional residential unit.
Proposed structure will not be more detrimental to the neighborhood and is in harmony with the general purpose and intent of the zoning by-law.
THE BOARD’S APPROVAL SHALL BE SPECIFICALLY
CONDITIONED UPON COMPLIANCE WITH THE FOLLOWING:
The Petitioners are to secure all of the necessary permits and approvals from all applicable Boards and Agencies before a building permit is issued.
The proposed studio space area shall not be used as an additional residential unit.
The studio space shall be subject to an inspection once a year to determine that the studio space has not been converted into an additional residential unit. Pursuant to Article 375-8.3,
there can be an inspection once a year (after notice to the owner) to determine that the studio space has not been converted into an additional residential unit. Conversion will result
in the revocation of the special Permit after a public hearing in accordance with M.G.L., Chapter 40A.
The Board approved plan referenced as:
As-Built Septic Plan
Prepared by: FITZGERALD ENGINEERING, INC.
Prepared for: 374 Barneys Joy Road
Dated: January 11, 2005
Architectural Site Plan:
SP, A1.0, A1.1, T-1
Prepared by: guzmãn(prufër inc., architecture
Prepared for: 374 Barneys Joy Road
Dated: April 14, 2019
Notice of Appellate Rights
No special permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the city or town clerk that twenty (20)
days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed, or that if such appeal has been filed, that it has been dismissed
or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is
recorded and noted on the owner’s certificate of title.
The owner or applicant shall pay the fee for recording or registering.
Appeals, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws, Chapter 40A, and shall be filed within twenty (20) days after the date of filing of this Decision
in the office of the Town Clerk.
If the rights authorized by a Special Permit are not exercised within two years of the date of grant of such Special Permit such rights shall lapse; provided, however, that the permit
granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such for a period not to exceed six months; and provided,
further, that the application for such extension is filed with such permit granting authority prior to the expiration of such two year period. If the permit granting authority does
not grant such extension within thirty days of the date of application therefore, and upon the expiration of the original two year period, such rights may be reestablished only after
notice and a new hearing pursuant to the provisions of Massachusetts General Laws Chapter 40A, Section 9.
Copies of the minutes of this hearing are available, upon request, at the office of the Board of Appeals.
ZONING BOARD OF APPEALS, TOWN OF DARTMOUTH
By: ______________________________
Halim Choubah, P.E., Chairman